Since their release, the federal antitrust agencies’ 2023 Merger Guidelines (2023 Guidelines) have faced significant criticism from many. There was speculation that the Federal Trade Commission (FTC) and Department of Justice...more
With every change in administration, businesses and practitioners wonder what the new administration will mean for antitrust enforcement in the United States. Speculation was at fever pitch four years ago, after Democratic...more
2/13/2025
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Trump Administration
On January 10, 2025, the Federal Trade Commission (FTC) announced adjusted thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Effective 30 days after the official publication date of the adjusted...more
1/16/2025
/ Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Jurisdictional Thresholds ,
Mergers ,
Regulatory Requirements ,
Reporting Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
Three crude oil producers have agreed to pay civil penalties totaling $5.7 million to settle allegations that they engaged in “gun jumping,” namely, allowing the acquirer to exercise control over the target’s business conduct...more
1/14/2025
/ Acquisitions ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Monetary Penalty ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Mergers ,
Oil & Gas
On July 23, the European Commission, US Department of Justice, US Federal Trade Commission, and UK Competition and Markets Authority released a joint statement setting out shared principles on competition in markets that...more
7/26/2024
/ Algorithms ,
Artificial Intelligence ,
Competition ,
Data Collection ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Joint Policy Statements ,
Machine Learning ,
Personal Data ,
Technology Sector ,
UK ,
UK Competition and Markets Authority (CMA)
The healthcare industry remains a focal point of President Biden’s antitrust agenda. The president’s July 2021 Executive Order on Promoting Competition in the American Economy called on federal agencies to focus antitrust...more
While the 2022 M&A market was buoyed by deal carryover from 2021 and more conducive market conditions in the first half of the year, the 2023 M&A market felt the impact of the Federal Reserve’s most aggressive interest rate...more
3/22/2024
/ Acquisitions ,
Antitrust Provisions ,
Capital Markets ,
Competition ,
Department of Justice (DOJ) ,
Financial Markets ,
Initial Public Offering (IPO) ,
Mergers ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
Takeovers ,
Venture Capital
Parties contemplating transactions in the defense sector need to know about a new obligation to provide materials to the Department of Defense (DOD) that will substantially affect their obligations for transactions that are...more
2/8/2024
/ Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Defense Sector ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
GAO ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
NDAA
On December 18, 2023, the Federal Trade Commission and the Department of Justice jointly released their final Merger Guidelines. The Guidelines “identify the procedures and enforcement practices [the agencies] most often use...more
On July 19, 2023, the Federal Trade Commission and the Department of Justice released a draft update of the Merger Guidelines. The draft Guidelines describe how the agencies “review...mergers and acquisitions to determine...more
7/21/2023
/ Antitrust Division ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Guidance Update ,
Horizontal Mergers ,
Merger Reviews ,
Mergers ,
Rulemaking Process ,
Vertical Mergers
On May 16, 2023, the Federal Trade Commission filed a complaint in the Northern District of Illinois seeking to enjoin closing of Amgen Inc.’s proposed $28 billion acquisition of Horizon Therapeutics. This is the first time...more
The last week has seen crucial developments at the European Commission (EC) and U.S. Federal Trade Commission (FTC) regarding the antitrust review of the $7.1 billion proposed acquisition by Illumina (the leading supplier of...more
9/12/2022
/ Acquisitions ,
Administrative Law Judge (ALJ) ,
Competition ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Jurisdiction ,
Member State ,
Mergers ,
Pharmaceutical Industry ,
UK ,
UK Competition and Markets Authority (CMA) ,
Vertical Agreement ,
Vertical Mergers
On 22 September 2021, the EU’s second-highest court, the General Court, confirmed the European Commission’s 2018 decision (Case T-425/18—Altice Europe v. Commission) imposing an EUR 124 million fine on Altice Europe NV...more
On July 9, 2021, the Biden Administration issued an Executive Order on “Promoting Competition in the American Economy.” The Order is notable in its breadth and commitment to a coordinated federal government approach to...more
On September 3, 2020, the Department of Justice Antitrust Division (DOJ) updated its 2004 Merger Remedies Manual (see here). The updated Manual clarifies important aspects of the DOJ’s merger remedy practice about which there...more
Businesses around the world are actively working to address the global COVID-19 pandemic, including through novel types of collaborations. In the United States, federal and state agencies, including the Department of Justice...more